Relocation Without Father's Consent

by Susan from Ft. Lauderdale, Florida, Broward County

My Husband has a custody agreement with the mother of his 3 yr old son which states she can not relocate more than 50 miles from his residence. The mother was recently found in contempt for relocating & was ordered by the judge to move within 30 days.

She continues to not allow him his visitations & states she will not move back.

What are the consequences if she does not obey the court order & what documents can we file to obtain custody of the child?

Answer to Florida Child Custody Question

Dear Susan,

Your husband can file another Motion for Civil Contempt Enforcement.

Your husband will be asking the court to enter an order for relief.

In your explanation of the facts, you should detail and reference the previous order and you can state that the mother of the child has willfully refused to comply with the judge's previous order.

You can ask that the judge enter an order, for instance, to have the child removed from the mother's custody and placed with your husband.

The relief you ask for is entirely up to your husband. The judge will rule based in part in the best interests of the child.

If you believe the child is in danger, you may be able to ask for an emergency hearing. Check with your circuit court staff for local procedures. Have a look at Florida Statutes chapter 61.45 titled, Court-ordered parenting plan; risk of violation; bond, for more information. Good luck!

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

Comments for Relocation Without Father's Consent

Can I Relocate With Shared Child Custodyby: Judy from Panama City, Florida

I am a mother of two and have been divorced in Florida since August of last year. I have shared custody with my ex. Neither one of us asked for child support and I want to move to Freeport, Florida, which is two hours away where I and my children currently live. I want to take my children with me, but my ex will not agree. Will I still be able to take them with me, even if he does not agree to it without getting in trouble with the law? My children are six and ten. We each claim a child for tax purposes.

--I just did a search for the driving distance between Panama City and Freeport, and it came in at 47.9 miles. Talk about cutting it close! To be safe, I would suggest that you file a Supplemental Petition To Permit Relocation With Minor Children, Form 12.950(d) which is the approved form that will allow you to ask the court to relocate with your children. Have a look at a similar FAQ page that we answered previously titled: Florida Law to Relocate. --Staff

Relocating Laws Child's Father Incarceratedby: N. O. from Florida

I am looking to relocate out of Florida to New York. My son lives with me and has been since he was born. His father is on child support but is severely delinquent with his payments. He is also currently and recently incarcerated in FL (I do not know how long) and I am just wondering what I might have to do as far as informing him or getting his permission to move my son away temporarily to try and find a better life for us in NY during this hardship.

--If you two agree on the move, it is as simple as filing the Agreement For Relocation With Minor Children, Form 12.950(a). Otherwise, you will have to file the Supplemental Petition to Permit Relocation With Minor Children, Form 12.950(d). --Staff

Taking A Child Out Of Stateby: Anonymous

Can a mother take a child out of state with out fathers permission. If not what is the process for returning child?

--If by "taking out of state" you mean relocating permanently without the father's permission, then the answer is likely... not legally.--Staff